Binuraj vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioners are accused Nos.2 and 3 in Crime No.38/2022 of Kollam Excise Range Office, Kollam District alleging commission of offences under Sections 58 and 55(1) of the Kerala Abkari Act.

The allegation is that the 1st accused was found engaged in sale of Indian Made Foreign Liquor (IMFL) (meant for sale only in the State of Pondichery) near the Sakthikulangara Harbour. He had in his possession 7.5 liters of IMFL. On the basis of information given by the 1st accused, the 2nd and 3rd accused were implicated and another 22.5 litres of IMFL was recovered from the house of the 2nd accused.

The learned counsel for the petitioner submits that the petitioners are absolutely innocent in the matter. It is submitted that they have been falsely implicated. It is submitted that the petitioners have no criminal antecedents. It is submitted that the petitioners have been in custody for 18 days and their continued detention is not necessary for the purposes of any investigation.

Heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing from the record are pointed out. It is submitted that based on the information given by the 1st accused, the 2nd  and 3rd accused were also arrested and 22.5 litres of IMFL was also recovered from a shed belonging to the 2nd accused. It is submitted that the petitioners are not entitled to bail as the allegations are serious.

Having regard to the facts and circumstances of the case, I am of the opinion that the petitioners can be granted bail as their continued detention may not be necessary for the purposes of any investigation. I also note that no criminal antecedents are reported against the petitioners.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No. 38/2022 of Kollam Excise Range Office, Kollam, whenever called upon to do so;

(iii) Petitioners shall jointly deposit Rs.10,000/- (Rupees ten thousand only) before the jurisdictional Court;

(iv) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No. 38/2022 of Kollam Excise Range Office, Kollam;

(v) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.38/2022 of Kollam Excise Range Office, Kollam may file an application before the jurisdictional Court for cancellation of bail.